Hester v. IN Dep't of Health, No. 12-3207 (7th Cir. 2013)
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Hester, a white male, began working for the Department’s laboratory in 1994. In 2007 he was reprimanded for failing to timely report test results. Hester later applied for promotion. Liu interviewed him, but chose another white male. When the supervisory position opened again, Hester again applied and was interviewed. Liu chose a white female in her mid-twenties, Gentry, who had been working in the lab for four years, citing Gentry’s performance record and concern that Hester did not have a good working relationship with others. In 2009, Hester received a form listing his “performance deficiencies.” A second performance appraisal report found that Hester still did not meet expectations for “job knowledge” and “communication.” The Department terminated his employment. Hester, then in his 50s, could be fired only for just cause. The State Employees Appeals Commission rejected his challenge. Hester sued, alleging violations of the Age Discrimination in Employment Act, 29 U.S.C. 621, and Title VII of the Civil Rights Act, 42 U.S.C. 2000e. The district court entered summary judgment, holding that Indiana was immune from liability for private damages under the ADEA, and that Hester did not adequately show that the Department discharged Hester because of a protected characteristic. The Seventh Circuit affirmed.
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